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HomeMy WebLinkAbout031504 PH Sale of Agency Owned Prop 807 E. SA BlvdREQUEST FOR COUNCIU AGENCY /HOUSING AUTHORITY ACTION MEETING DATE: MARCH 15, 2004 PUBLIC HEARING - SALE OF AGENCY -OWNED PROPERTY LOCATED AT 807 E. SANTA ANA BOULEVARD �"d,ca sr CITY MANAGER VACUTIVE DIRECTOR RECOMMENDED ACTION CITY COUNCIL ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1st Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution making certain findings with respect to the consideration to be received by the Community Redevelopment Agency pursuant to a Purchase and Sale Agreement between the Agency and the Santa Ana Housing Authority for the sale of certain property located at 807 E. Santa Ana Boulevard, and approving the sale of said real property upon the terms and conditions contained in that agreement. COMMUNITY REDEVELOPMENT AGENCY ACTION Adopt Resolution No. CRA 2004 -02 authorizing the sale of Agency -owned property located at 807 E. Santa Ana Boulevard, and authorize the Executive Director to execute all required documents. HOUSING AUTHORITY ACTION Adopt Resolution No. HA 2004 -02 authorizing the acquisition of Agency - owned property located at 807 E. Santa Ana Boulevard, and authorize the Executive Director to execute all required documents. 119 �, Public Hearing - Sale of Agency -Owned Property Located at 807 E. Santa Ana Boulevard March 15, 2004 Page 2 COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION RECOMMENDATION 1. Recommended that the Community Redevelopment Agency adopt a resolution authorizing the sale of Agency -owned property located at 807 E. Santa Ana Boulevard, and authorize the Executive Director to execute all required documents. 2. Recommended that the Housing Authority adopt a resolution authorizing the acquisition of Agency -owned property located at 807 E. Santa Ana Boulevard, and authorize the Executive Director to execute all required documents. By a vote of 6:0 (Rodriguez absent) at its Regular Meeting of March 2, 2004. DISCUSSION The Community Redevelopment Agency has purchased a number of properties over the years for the development of low and moderate - income housing. California Community Redevelopment Law restricts the length of time an Agency may hold land for future development to ten years. Currently, the Agency owns a parcel that will soon exceed this time limit. In order to comply with State law, the Community Redevelopment Agency will sell the property at 807 E. Santa Ana Boulevard (Exhibit 1) to the Housing Authority at its current appraised value of $122,500. The intent is to ultimately develop this site in a manner consistent with the surrounding neighborhood. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project is exempt from further review. Categorical Exemption ER No. 2004 -47 will be filed for the project. 120 Public Hearing - Sale of Agency -Owned Property Located at 807 E. Santa Ana Boulevard March 15, 2004 Page 3 FISCAL IMPACT Funds for the acquisition of this property are available in the Issuer Fee account (account no. 133 - 559 - 6611). Proceeds from the sale of the property to the Housing Authority will be deposited in the Agency's Housing Set -Aside Sale of Land account (account no. 505 -01- 5721). z3a, Jo1D P. Reekstin E cutive Director Community Development Agency JPR /RL /kla APPROVED AS TO FUNDS AND ACCOUNTS: Ac4t,.", Rod R. Coloma kill Executive Director Finance & Management Services Agency H:Actions\2004CCVT CC- CRA- HA- PH- SaleAgacyProp807E .S.A.Blvd- 3 -15 -04 121 122 D SIXTH STREET V SALE OFAGENCY -OWNED PROPERTY 807 East Santa Ana Boulevard EXHIBIT 1 Im 1i 124 3/9/04Ies RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF SANTA ANA MAKING CERTAIN FINDINGS WITH RESPECT TO THE CONSIDERATION TO BE RECEIVED BY THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA PURSUANT TO A PURCHASE AND SALE AGREEMENT BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AND THE SANTA ANA HOUSING AUTHORITY FOR THE SALE OF CERTAIN REAL PROPERTY AND APPROVING THE SALE OF SAID REAL PROPERTY UPON THE TERMS AND CONDITIONS CONTAINED IN THAT AGREEMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA, AS FOLLOWS: Section 1: The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Pursuant to Sections 33334.2(a) and 33334.6(c) of the California Community Redevelopment Law (California Health and Safety Code Section 33000 .eA se_q.) not less than 20 percent of all taxes which are allocated to the Community Redevelopment Agency of the City of Santa Ana ( "Agency ") are set aside by the Agency in a Low- Moderate - Income Housing Fund and used by the Agency for the purpose of increasing, improving and preserving the community's supply of low and moderate housing available at affordable housing costs to persons and families of low- and moderate - income, including very -low- income persons ( "Agency's Housing Set -Aside Fund "). B. The Agency has purchased a number of properties over the years for the development of such low and moderate income housing. C. California Community Redevelopment law (Health and Safety Code section 33334.16) currently restricts the length of time that an Agency can hold land for future development to ten years. The Agency -owned property located at 807 E. Santa Ana Boulevard (the "Property") shall soon exceed the legal time limit. D. The Agency has agreed, subject to the approval of this Council, to sell the Property, pursuant to the terms and provisions of that certain Purchase and Sale Agreement (hereinafter referred to as the "Agreement ") between the Agency and the Santa Ana Housing Authority, which is on file in the office of the Executive Director of the Agency. 1 IZ5 E. The Agreement contains all of the provisions, terms, conditions and obligations required by the state and local laws. F. The Santa Ana Housing Authority possesses the qualifications and financial resources necessary to acquire and insure development of the Property in accordance with the purpose and objectives of the redevelopment law. G. In accordance with the California Environmental Quality Act, the proposed project is exempt from further review. Categorical Exemption ER No. 2004 -47 will be filed for the project. H. Pursuant to the provisions of the California Redevelopment Law, the Agency, Housing Authority and the City Council have held a duly noticed joint public hearing on the proposed sale of the Property. Section 2, The City Council has considered all terms and conditions of the proposed sale and hereby finds and determines that the sale of the Property pursuant to the Agreement is the best interests of the City of Santa Ana and the health, safety and welfare of its residents, and is in accord with the public purpose and provisions of the applicable state and local laws. Section 3. The City Council hereby finds and determines that the consideration for the sale of the Property pursuant to the Purchase and Sale Agreement is not less than the fair market value of the Property. Section 4. The sale of the Property by the Agency to the Santa Ana Housing Authority upon the terms and conditions contained in the Agreement is hereby approved. Section 5. The Clerk of the Council shall attest to and certify the vote adopting this Resolution. 2 12 ADOPTED this day of 2004. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Lisa E. Storck Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATION OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify the attached Resolution No. to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of Council City of Santa Ana y 3 127 128 3/9/04les RESOLUTION NO. CRA 2004 -02 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA APPROVING THE SALE OF AGENCY -OWNED PROPERTY LOCATED AT 807 E. SANTA ANA BOULEVARD; AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE DOCUMENTS AS NECESSARY BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA, AS FOLLOWS: Section 1: The Board of the Community Redevelopment Agency of the City of Santa Ana hereby finds, determines and declares as follows: A. Pursuant to Sections 33334.2(a) and 33334.6(c) of the California Community Redevelopment Law (California Health and Safety Code Section 33000 .et not less than 20 percent of all taxes which are allocated to the Community Redevelopment Agency of the City of Santa Ana ( "Agency ") are set aside by the Agency in a Low- Moderate - Income Housing Fund and used by the Agency for the purpose of increasing, improving and preserving the community's supply of low and moderate housing available at affordable housing costs to persons and families of low- and moderate - income, including very -low- income persons ( "Agency's Housing Set -Aside Account "). B. The Agency has purchased a number of properties over the years for the development of such low and moderate income housing. C. California Community Redevelopment law (Health and Safety Code section 33334.16) currently restricts the length of time that an Agency can hold land for future development to ten years. The Agency -owned property located at 807 E. Santa Ana Boulevard (the "Property ") shall soon exceed the legal time limit. D. Pursuant to Health and Safety Code section 33442, an agency may sell, lease, grant, or donate real property owned or acquired by the agency to a housing authority or to any public agency for public housing projects. 3/9/04les E. The Agency has agreed, subject to the approval of the Santa Ana Housing Authority ( "Housing Authority "), to sell said real property at its current appraised value, pursuant to the terms and provisions of a Purchase and Sale Agreement (hereinafter referred to as the "Agreement ") between the Agency and the Housing Authority, which is on file in the office of the Executive Director of the Agency. F. The Housing Authority possesses the qualifications and financial resources necessary to acquire and insure development of the Property, in accordance with the purpose and objectives of the redevelopment law. G. The Agreement contains all of the provisions, terms, conditions and obligations required by the state and local laws. H. The proposed sale of the Property is exempt from further review and in accordance with the California Environmental Quality Act, categorical exemption ER No. 2004 -47 will be filed for the project. I. The Agency hereby finds and determines that the sale of the Property will bring the Agency into compliance with Redevelopment law. J. Pursuant to the provisions of the California Redevelopment Law, the City Council, Agency and the Housing Authority have held a duly noticed joint public hearing on the proposed sale of the Property. K. The Agency hereby finds that the consideration received for the sale of the Property is not less than the fair market value. L. The Agency hereby approves the sale of the Agency -owned Property to the Housing Authority, with proceeds to be deposited into the Agency's Housing Set - Aside Account. Section 2. The Purchase and Sale Agreement is hereby approved, and the Executive Director of the Agency is hereby authorized to execute the Agreement and all necessary related documents, with such non - substantive changes as may be approved by Agency's General Counsel. Section 3. The Executive Director of the Agency is hereby authorized to take all steps, and to sign all documents and instruments necessary to implement and carry out the Agreement on behalf of the Agency. 2 3/9/04les ADOPTED this day of 2004. APPROVED AS TO FORM: Joseph W. Fletcher, General Counsel By: Lisa E. Storck Assistant Counsel AYES: NOES: ABSTAIN: NOT PRESENT Boardmembers: Boardmembers: Boardmembers: Boardmembers: Miguel A. Pulido Chair CERTIFICATION OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Secretary of the Agency, do hereby attest to and certify the attached Resolution No. CRA 2004 -02 to be the original resolution adopted by the Community Redevelopment Agency of the City of Santa Ana on Date: Patricia E. Healy, Secretary 3 131 132 3/9/04 LES RESOLUTION NO. HA 2004 -02 A RESOLUTION OF THE HOUSING AUTHORITY OFTHE CITY OF SANTA ANA APPROVING THE PURCHASEOF AGENCY -OWNED PROPERTY LOCATED AT 807 E. SANTA ANA BOULEVARD AND AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE DOCUMENTS AS NECESSARY BE IT RESOLVED BY THE HOUSING AUTHORITY OF THE CITY OF SANTA ANA, AS FOLLOWS: Section 1. The Board of the Housing Authority of the City of Santa Ana hereby finds, determines and declares as follows: A. California Community Redevelopment law (Health and Safety Code section 33334.16) currently restricts the length of time that a redevelopment agency can hold land for future development to ten years. The Community Redevelopment Agency of the City of Santa Ana ( "Agency ") owns the property located at 807 E. Santa Ana Boulevard (the "Property ") which shall soon exceed the legal time limit. B. Pursuant to Health and Safety Code section 33442, an agency may sell, lease, grant, or donate real property owned or acquired by the agency to a housing authority or to any public agency for public housing projects. C. The Agency proposes to sell the Property to the Housing Authority of the City of Santa Ana at its current appraised value pursuant to the terms and provisions of a Purchase and Sale Agreement (hereinafter referred to as the "Agreement'). D. The Authority has duly considered all of the terms and conditions of the proposed purchase, and believes that the proposed purchase is in the best interests of the health, safety, morals and welfare of its residents, and in accord with the public purpose and provisions of applicable state and local laws and requirements. E. Pursuant to the provisions of Community Redevelopment Law, the Agency, City Council and Authority held a public hearing on the proposed sale of the Property. F. The proposed sale of the Property is exempt from further review, and in accordance with the California Environmental Quality Act, categorical exemption ER No. 2004 -47 will be filed for this project. G. The Authority recognizes that it has received and heard all oral and written objections to the proposed purchase of the Property, and to other matters pertaining to this transaction, and that all such oral and written objections are hereby overruled. H. The Authority hereby finds and determines that the information set forth herein is true and correct. I. The Authority hereby approves the purchase of the Agency -owned Property. Section 2. The Executive Director of the Authority is hereby authorized, on behalf of the Authority, to execute all documents that are to be signed by the Authority in connection with the purchase of the Property, and to make such changes of a non - substantive nature to such documents as the Executive Director shall deem appropriate, as approved by Authority's General Counsel. A copy of any such documents, when executed, shall be placed on file in the main office of the Housing Authority. Section 3. The Executive Director is hereby authorized, on behalf of the Authority, to sign all documents necessary and appropriate to carry out and implement the purchase and to administer the Authority's obligations, responsibilities and duties to be performed. 134 ADOPTED this day of 2004. Miguel A. Pulido Chair APPROVED AS TO FORM: Joseph W. Fletcher, General Counsel By: Lisa E. Storck Assistant Counsel AYES: Authority Members: NOES: Authority Members: ABSTAIN: Authority Members: NOT PRESENT: Authority Members: CERTIFICATION OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Recording Secretary for the Housing Authority, do hereby attest to and certify the attached Resolution No. HA 2004 -02 to be the original resolution adopted by the Santa Ana Housing Authority on WT Recording Secretary, Housing Authority City of Santa Ana 135 136